Is the rule that every obligatory act of Hajj that a person falls short of performing requires a sacrificial animal correct?
Machine translationRead the Arabic original
The questioner : We are returning now, O our Shaykh, to the topic of Hajj. May Allah reward you with good. The rule among the jurists that we read and hear is that for every obligatory act in which a person falls short, a sacrificial animal is required.
The Shaykh : A sacrificial animal is required of him.
The questioner : A sacrificial animal is required of him. Is there any evidence for this matter?
The Shaykh : No, there is no evidence for it.
The questioner : There is no evidence for it.
The Shaykh : Except for a report from Ibn Abbas.
The questioner : Ibn Abbas, or was it Ibn Mas'ud?
The Shaykh : Ibn Abbas.
The questioner : Is the report authentic?
The Shaykh : Yes, it is authentic from him.
The questioner : Ibn Abbas. I thought it was from Ibn Mas'ud.
The Shaykh : No.
The questioner : If the report is sound, well, we can derive the legal rulings regarding the obligatory acts from it, that every obligatory act...
The Shaykh : We take from the report what agrees with the Sunnah and what adds to it? No, because nothing has come from anyone else to support it, and it contradicts some of the authentic hadiths, some explicitly and some by derivation.
As for the first part, it is the hadith in al-Bukhari which contains There is no doubt that this clothing and this perfuming is an error that requires a sacrificial animal according to those who say that a sacrificial animal is obligatory for every error committed by the pilgrim or the one performing 'Umrah.
As for the other part, what came in the two Sahihs and others is that the Prophet (peace and blessings be upon him) was asked about advancing some of the rituals over others, such as advancing shaving over stoning the pillars, or circumambulation over that, and his answer to every question was or as he said.
So I base the following conclusion on this and that—and may Allah have mercy on you—that Hajj, which is a part of the Shari'ah obligatory upon whoever is able to reach it, has always been and remains facilitated. But with such restrictions and such sacrificial animals imposed due to advancing or delaying or forgetting or the like, or ignorance, Hajj has become a burden on every pilgrim, such that no pilgrim can perform Hajj without being weighed down by sacrificial animals—and peace be upon you and the mercy of Allah and His blessings—and people today, due to the material upbringing they live, are found to be negligent due to their immersion in materialism in achieving what Allah (Mighty and Majestic) has commanded. How can we obligate upon them what our Lord (Mighty and Majestic) has not obligated in His Book or in the Sunnah of the Prophet (peace and blessings be upon him)? I point with this statement to the fact that Allah (Mighty and Majestic) legislated, through His Prophet, Hajj initially as an individual Hajj, then added to that the combined Hajj and the tamattu' Hajj. Then the ruling settled on his saying (peace and blessings be upon him) to those who had entered the state of ihram for the individual Hajj and the combined Hajj or the tamattu' Hajj and had not brought sacrificial animals, he said to them (peace be upon him) —may Allah have mercy on you— And for this reason, the Exalted said [Al-Baqarah 2:196] the verse. So if I command the people—the point here is—if I command the people not to perform the individual Hajj and not to perform the combined Hajj, and I command them to perform the tamattu' which the Messenger (peace and blessings be upon him) commanded his companions to perform, you find them entering the state of ihram for the individual Hajj. Why, my brother? He says, "By Allah, tamattu' obligates us to offer a sacrificial animal, so they are stingy with themselves regarding the price of their sacrificial animal." It is sufficient for us to tell them what Allah has obligated upon them of tamattu', and as thanks to Allah (Mighty and Majestic) that they slaughter a sacrificial animal. If they are in hardship and it is not facilitated for them, then fasting three days during Hajj and seven when they return. What is in the Shari'ah of commands is sufficient for the upbringing of souls without the need for—yes, it is sufficient for the upbringing of people and the refinement of their souls without burdening them with some of the juristic rulings that have not been established in the Book and the Sunnah—and peace be upon you and the mercy of Allah and His blessings—that is sufficient for you.
The questioner : May Allah reward you with good, O Shaykh.
The Shaykh : You have tired us, excuse us.
The questioner : Well, O Shaykh, is it possible to address the doubt of the claim that, for example, if there is no sacrificial animal required in the individual Hajj according to their saying, naturally, then if we say that there is a requirement for the obligatory acts, this is a matter of contradiction, or else there is negligence in the contradiction and negligence in the individual Hajj.
The Shaykh : Excuse me, I did not understand.
The questioner : Repeat it once more. Well, okay, once more.
Al-Awaisheh: A littleThe Shaykh : bit.
The Shaykh : Please.
The questioner : I say, O Shaykh, that it means it is not possible to address the doubt regarding this statement that the matters of the individual Hajj do not have a sacrificial animal according to their saying.
The Shaykh : Yes.
The questioner : But regarding falling short in the obligatory acts and contradicting them, is it necessary that there be an expiation? Can this be addressed? It is as if I understood that if the people...
The Shaykh : His answer is in the last thing you wrote. What did you write last?
Al-Awaisheh: This is their statement and this is the response to it.
The questioner : Yes, without burdening them with some of the juristic rulings that have not been established in the Book and the Sunnah.
The Shaykh : This is the response to your question.
The questioner : Well, may Allah reward you with good.
The Shaykh : So it is right for me not to understand you.
The questioner : Correct. The Shaykh has rights that others do not have.
The Shaykh : A sacrificial animal is required of him.
The questioner : A sacrificial animal is required of him. Is there any evidence for this matter?
The Shaykh : No, there is no evidence for it.
The questioner : There is no evidence for it.
The Shaykh : Except for a report from Ibn Abbas.
The questioner : Ibn Abbas, or was it Ibn Mas'ud?
The Shaykh : Ibn Abbas.
The questioner : Is the report authentic?
The Shaykh : Yes, it is authentic from him.
The questioner : Ibn Abbas. I thought it was from Ibn Mas'ud.
The Shaykh : No.
The questioner : If the report is sound, well, we can derive the legal rulings regarding the obligatory acts from it, that every obligatory act...
The Shaykh : We take from the report what agrees with the Sunnah and what adds to it? No, because nothing has come from anyone else to support it, and it contradicts some of the authentic hadiths, some explicitly and some by derivation.
As for the first part, it is the hadith in al-Bukhari which contains
That the Prophet (peace and blessings be upon him) saw a man who had entered the state of ihram for 'Umrah and was wearing a robe and perfumed with fragrance, so he ordered him to remove it and wash the fragrance off him, and said to him: Do in your 'Umrah what you do in your Hajj.
أن النبي صلى الله عليه وآله وسلم رأى رجلا أحرم بعمرة وعليه جبة متضمخةا بالطيب فأمره بنزعها وغسل الطيب عنه وقال له: إصنع في عمرتك ما تصنع في حجتكAs for the other part, what came in the two Sahihs and others is that the Prophet (peace and blessings be upon him) was asked about advancing some of the rituals over others, such as advancing shaving over stoning the pillars, or circumambulation over that, and his answer to every question was
There is no harm, there is no harm, until we thought that if he were asked about anything, he would say, "There is no harm, there is no harm."
لا حرج لا حرج، حتى ظننا أنه لو سئل عن أي شيء لقال لا حرج لا حرجSo I base the following conclusion on this and that—and may Allah have mercy on you—that Hajj, which is a part of the Shari'ah obligatory upon whoever is able to reach it, has always been and remains facilitated. But with such restrictions and such sacrificial animals imposed due to advancing or delaying or forgetting or the like, or ignorance, Hajj has become a burden on every pilgrim, such that no pilgrim can perform Hajj without being weighed down by sacrificial animals—and peace be upon you and the mercy of Allah and His blessings—and people today, due to the material upbringing they live, are found to be negligent due to their immersion in materialism in achieving what Allah (Mighty and Majestic) has commanded. How can we obligate upon them what our Lord (Mighty and Majestic) has not obligated in His Book or in the Sunnah of the Prophet (peace and blessings be upon him)? I point with this statement to the fact that Allah (Mighty and Majestic) legislated, through His Prophet, Hajj initially as an individual Hajj, then added to that the combined Hajj and the tamattu' Hajj. Then the ruling settled on his saying (peace and blessings be upon him) to those who had entered the state of ihram for the individual Hajj and the combined Hajj or the tamattu' Hajj and had not brought sacrificial animals, he said to them (peace be upon him)
Become permissible, O people. If it were not that I had brought the sacrificial animals, I would have become permissible with you.
أحلوا أيها الناس فلولا أني سقت الهدي لأحللت معكمIf I had known in advance what I know now, I would not have brought the sacrificial animals and I would have made it an 'Umrah.
ولو أنني استقبت من أمري ما استدبرت لما سقت الهدي ولجعلتها عمرةthen whoever performs 'umrah [during the Hajj months] followed by Hajj [offers] what can be obtained with ease of sacrificial animals. And whoever cannot find [or afford such an animal] - then a fast of three days during Hajj and of seven when you have returned [home]. Those are ten complete [days]
فمن تمتع بالعمرة إلى الحج فما استيسر من الهدي فمن لم يجد فصيام ثلاثة أيام في الحج وسبعة إذا رجعتم تلك عشرة كاملةThe questioner : May Allah reward you with good, O Shaykh.
The Shaykh : You have tired us, excuse us.
The questioner : Well, O Shaykh, is it possible to address the doubt of the claim that, for example, if there is no sacrificial animal required in the individual Hajj according to their saying, naturally, then if we say that there is a requirement for the obligatory acts, this is a matter of contradiction, or else there is negligence in the contradiction and negligence in the individual Hajj.
The Shaykh : Excuse me, I did not understand.
The questioner : Repeat it once more. Well, okay, once more.
Al-Awaisheh: A littleThe Shaykh : bit.
The Shaykh : Please.
The questioner : I say, O Shaykh, that it means it is not possible to address the doubt regarding this statement that the matters of the individual Hajj do not have a sacrificial animal according to their saying.
The Shaykh : Yes.
The questioner : But regarding falling short in the obligatory acts and contradicting them, is it necessary that there be an expiation? Can this be addressed? It is as if I understood that if the people...
The Shaykh : His answer is in the last thing you wrote. What did you write last?
Al-Awaisheh: This is their statement and this is the response to it.
The questioner : Yes, without burdening them with some of the juristic rulings that have not been established in the Book and the Sunnah.
The Shaykh : This is the response to your question.
The questioner : Well, may Allah reward you with good.
The Shaykh : So it is right for me not to understand you.
The questioner : Correct. The Shaykh has rights that others do not have.
Source
www.al-albany.com
The Arabic text is copied verbatim from the original source, without any edits.